Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. Dr. Charles Hirsch, Chief Medical Examiner for New York City, testified that prior to the onset of rigor mortis, a dead body is pliable. The body of a woman five feet three inches tall, weighing about one hundred ten pounds could be folded and tied into a package about thirty-six inches long. Dr. Prothrow-Stith is an internationally recognized public health leader, who since 2008 has advised top-tier healthcare, life sciences, academic and not-for-profit institutions on leadership and . He told Karnofsky that he had gotten into an argument with his wife one day, that she went to cool off in Central Park, that she had been seen one time around the area of Central Park, but had never been seen again. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. Rather, the tape's contents clearly demonstrate the feasibility of the People's theory of this case, a theory which all of the circumstantial proof together overwhelmingly shows. Bierenbaum, 748 N.Y.S.2d at 589 (dictum). Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. She should have made her appointments, she should have been where she said she would be and she could have come home but she didn't and that's why we can tell you that she is dead. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. The state court's conclusion was a reasonable application of Strickland. Dalsass asked Bierenbaum to narrate specifically and exactly how he spent the weekend that Katz disappeared. Her body was never found. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. The decision not to do so was a defensible trial strategy. Hirsch also stated that a body could be disarticulated at the joints, a simple process that someone trained in anatomy could accomplish in ten minutes. The prosecution successfully argued that counsel had opened the door to allow testimony from Detective Dalsass that Bierenbaum's attorney had prevented the police from conducting a warrantless forensic search of the apartment. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. Please enter a valid 5-digit Zip Code. He didn't stop when he knew he was hurting her. He lied to both officers, telling both of them that he had remained in the apartment until approximately 5:30 p.m. when he left for the party in New Jersey. Dr. Jason Bierenbaum is an oncologist in McKeesport, Pennsylvania and is affiliated with multiple hospitals in the area, including UPMC Presbyterian Shadyside and UPMC East. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. ''How odd is it that a murderer had dinner at my house, a Seder no less,'' said Harriet Epstein, originally from Queens, who briefly ran the only bagel store here and whose late husband, a wealthy and prominent doctor, befriended and worked with Dr. Bierenbaum. We're a community of medical and social service professionals who meet patients and clients in a healing and affirming environment where they can feel supported, cared for, and cared about. Robert moved to Las Vegas, Nevada in 1989 and set up a medical practice in the city. To his friend he related that he and Katz had an argument that morning and that she had left the apartment to sunbathe in Central Park wearing shorts, sandals and a halter top. Bierenbaum faults the district court for concluding that counsel's efforts to secure her testimony were diligent, and concluding that failure to present her testimony did not prejudice the defense. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. ANGELA ABRAHAM. These are not the acts of a suicidalperson, she said. Surgery, Internal Medicine. Robert previously worked for MultiCare Health System, an organization with a fast-paced trauma center, four community hospitals, and many neighborhood clinics based in Tacoma, Washington. Bierenbaum called her therapist and others on that day asking if they had seen her. When the trial court's attention was drawn to this error, it refused to order a mistrial, but offered an instruction, admonishing the jury that it could draw no negative inference from an individual's acting on advice of counsel. Given that the videotapes were neither speculative nor lacking in foundation, counsel was not ineffective for failing to object to their admission on that basis. Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. ''It's the loss of his life and the good he does to help other people. Given that the Appellate Division reviewed the claim that the evidence was legally insufficient to prove that Bierenbaum intended to cause Katz's death, he cannot claim that counsel was ineffective in failing to preserve the issue for appeal. To satisfy the second part of the Strickland test-prejudice-Bierenbaum must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id., 466 U.S. at 694. Do Not Sell or Share My Personal Information. See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). Late in 1984 or early 1985 Katz told her that she had received a letter from Bierenbaum's psychiatrist warning her that Bierenbaum posed a danger to her, and suggesting that Katz separate from him. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). Bierenbaum suggests now that a jury could have concluded that if he killed his wife on July 7, 1985, he might have done so in New Jersey and not in New York. The trial court permitted this testimony as background evidence of the state of the marriage and Katz's state of mind, and Bierenbaum's motive, intent and identity. USC's Keck School of Medicine and UCI's Susan and Henry Samueli College of Health Sciences . A former plastic surgeon confessed to killing his wife and - Yahoo! Bierenbaum argues that even if it were within the range of reasonable strategic choices to concede that Katz was dead, it was not reasonable to concede that she died on the Sunday she disappeared. I believe the representation given to Appellant by his trial counsel left a lot to be desired, though, for the reasons stated in Judge Sessions's opinion, it does not ultimately amount to constitutionally inadequate representation. On that point we agree with the Appellate Division, the post-judgment motion court and the district court that the contents of the videotape[s] depict a scenario that was anything but speculation. Write a Review . BIERENBAUM v. GRAHAM (2010) | FindLaw Manhattan investigators were exhuming a woman's torso from a Queens cemetery and running DNA tests to determine whether it was that of his first wife, Gail Katz-Bierenbaum, who had disappeared in 1985. Law 470.05[2]. Stay up-to-date with how the law affects your life. A state law ground is only adequate to support the judgment and foreclose review of a federal claim if it is firmly established and regularly followed in the state, and application of the rule would not be exorbitant. Garvey v. Duncan, 485 F.3d 709, 713-14 (2d Cir.2007) (quoting Lee, 534 U.S. at 376). Many of our partners in care are also providing services on site, just as they did before. He said that he had called Katz's mother and two of her friends to see if she was there. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. All this means that the decision of the district court is properly affirmed. A petitioner has fairly presented his claim only if he has informed the state court of both the factual and the legal premises of the claim he asserts in federal court. Jones v. Keane, 329 F.3d 290, 294-95 (2d Cir.2003) (internal quotation marks omitted) (quoting Dorsey v. Kelly, 112 F.3d 50, 52 (2d Cir.1997)). The location you tried did not return a result. No one, other than Bierenbaum, reported seeing Katz after July 6. Bierenbaum repeated that he had remained in the apartment all day until 5:30 p.m., when he left for the family party in New Jersey, arriving there at approximately 6:30 p.m. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. Contribute to our National Missing Person Day Fundraiser Home Contact us. Dr. Bierenbaum graduated from the Albany Medical College in 1978. Dr. Leigh McCullough, Katz's employer in the fall of 1983, noticed bruises on Katz's neck one day. February 22, 2008. The Appellate Division held that Bierenbaum had not effectively protested the admission of the videotapes under New York's preservation rule, which require[s], at the very least, that any matter which a party wishes the appellate court to decide have been brought to the attention of the trial court at a time and in a way that gave the latter the opportunity to remedy the problem and thereby avert reversible error. Richardson v. Greene, 497 F .3d 212, 218 (2d Cir.2007) (quoting Garcia v. Lewis, 188 F.3d 71, 78 (2d Cir.1999)); see N.Y.Crim. Petitioner-Appellant Robert Bierenbaum was convicted after a jury trial of murder in the second degree, see N.Y. Directly following this argument he alluded to the films Panic in Needle Park, and Looking for Mr. Goodbar, and suggested, in a similar vein, that these movies did not prove that Katz's drug use and risky behavior were connected to her death. ABC news anchor John Quinones (right) interviews Daniel Bibb, an original prosecutor in the case involving the murder of Gail Katz-Bierenbaum by her husband Dr. Robert Bierenbaum, for a "20/20" tv . Ive waited a very,very long time for this day. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. Anthony Segalas testified at trial that he and Katz used cocaine together twice. When Alayne Katz accused him of killing her sister, thedefendant called his missing wife a tramp and said he believedshe had run off with another man. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Under New York law, a motion to dismiss for insufficient evidence must be specifically directed at the alleged error. People v. Gray, 652 N.E.2d 919, 921 (N.Y.1995) (internal quotation marks omitted). Dr. Roberta Karnofsky, an anesthesiologist, had a year-long relationship with Bierenbaum beginning in fall 1985, while she was a medical student under his supervision. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. Baran also noted that Katz-Bierenbaum had been apartmenthunting, had gotten a manicure and had bought birth control devicesjust before she vanished. 1. That is one of the theories that could have happened. How close up you are with a person that you are choking Strangulation is up close and personal. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. Stephanie Youngblood Now: Where is Robert Bierenbaum's Second Wife I join Judge Sessions's opinion fully because I believe it to be correct on the law. Under New York law, the prosecution must establish good cause for extended delay, but a determination made in good faith to delay prosecution for sufficient reasons will not deprive defendant of due process even though there may be some prejudice to defendant. People v. Decker, 912 N.E.2d 1041, 1042 (N.Y.2009); see N.Y. Const. that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. Courts have also considered the status or relationship to the declarant of the person to whom the statement was made, whether there was a coercive atmosphere, whether it was made in response to questioning and whether the statements reflect an attempt to shift blame or curry favor. Regardless of defense counsel's error in referring to the search as a forensic search, the prosecution would also have elicited the fact that Bierenbaum lied to Caruana about the search. 6. The rule applies with equal force whether the state-law ground is substantive or procedural. Lee v. Kemna, 534 U.S. 362, 375 (2002). For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. While they have . Hillard Wiese, Katz's cousin, testified that Katz reported to him in the fall of 1983 that she had an argument with her husband during which he had choked her to unconsciousness. They would have to have ignored the fact that when asked about that Sunday fifteen years ago, Alvarez, like Rivera, did not recall seeing Katz leave the building. He knew in July of 1985, what it would take to kill her. provider will be able to view your information so they can provide the most informed care and treatment. at 1889. Depending on your income and household size, we can help you qualify for Child Health Plus, Family Health Plus, Medicaid, Healthy New York, EPIC, or the RPCN Community Health Care Plan. Moreover, it was a reasonable trial strategy to establish a forthright relationship with the jury, by conceding what the defense did not have evidence to contest. We need not address this argument because of our disposition of this issue under Roberts. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007).
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